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Friday, June 11, 2010

Patents Act, 1970

Sections 2(l)(j), 14, 15, 80 & 117A
Patent Rules, 2003
The Patents (Amendment) Rules, 2006 — Rule 24 (4)
HELD that no doubt appellant should comply with all the technical objections within first six months or any other reasonable period and resubmit the documents with all necessary amendments
Rule of
(i) audi alteram partem

"Earlier it has been held that the Controller is not a court or tribunal as per the case "Martin and Botling developments Ltd's DPD 356" and so the provisions of CPC are not applicable to him. If that be the case, the respondent could have very well relaxed the conditions of the section 80 of the Act and could have offered an opportunity of hearing to the appellant at his convenience before issuing this impugned order. Otherwise too it is very well cast on the learned Controller as an administering authority of the Patent Law, to have offered an opportunity of hearing to the applicant before taking any adverse decision on this application. In the present case, admittedly no notice was given to the appellant providing it a reasonable opportunity to defend its case. Not only that an opportunity of hearing notice was not given to the appellant, but even fresh objections were brought in the impugned order by the respondent, that have not been first communicated to the appellant so as to enable it to defend its case by presenting its views and observations. Moreover in the impugned order the respondent has categorically refused to grant the opportunity of hearing to the appellant under section 80 of the Act by taking the plea that there was inordinate delay in resubmission. The impugned order under consideration has been undisputedly made without affording an opportunity of being heard to the appellant, and that order does affect the appellant adversely."
Therefore the impugned order made without affording an opportunity of being heard Impugned order, set aside.